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Privacy Policy
Doctorfit Exercise Equipment ., cunderstands the importance of the privacy of individuals who visit and interact with www.orbitrekcustomercare.com Doctorfit.in and Orbitrek.in (“our Website”), submit product reviews, participate in our customer surveys, blogs or message boards, or purchase Thane products online. Thane is strongly committed to protecting your privacy and providing a safe online experience for all of our Website users. This Privacy Policy outlines the information Thane collects through our Website, and how Doctofit will use and disclose that information.
By accessing our Website, you signify your consent to the collection, use and sharing practices described in this Privacy Policy. Thane reserves the right in its sole discretion to change, modify, add or remove portions of this Privacy Policy at any time without prior notice. Thane shall post revisions to this Privacy Policy on our Website, and such revisions shall be effective immediately on such posting. Your continued use of our Website after such modifications will constitute your acknowledgment and acceptance of the modified terms.
Information Thane Collects
We collect personal and non-personal information that you provide us when using our Website, responding to our emails or that you provide to our Customer Service Department.
Personal Information: When you place an order on our Website, you will be asked to supply personal information, such as your name, address, telephone number, email address, credit card information, billing address and shipping information. We use this data to process and ship your order, and send you order and shipping confirmations via email. Thane will collect such information only when you provide it to us voluntarily, although you cannot place an order without doing so. We also gather personal information such as your name, phone number and email address as a result of voluntary participation in our customer surveys, or when communicating with our Customer Service Department.
Non-Personal Information: We also collect non-personal information about users of our Website. The non-personal information we collect is information that by itself cannot be used to identify or contact you, such as demographic information and other anonymous statistical data relating to the use of our Website. For example, we collect and store certain non-personal information automatically whenever you interact with our Website, including your IP address, browser information and reference site domain name. We also collect non-personal information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Website and to provide our customers with a fulfilling shopping experience.
Any communication or material you transmit or post to our Website by email or otherwise, including product reviews, customer survey responses, data, questions, comments or suggestions (other than personal information referred to above which will be treated in accordance with this Privacy Policy), is and will be treated as non-confidential and non-proprietary, and anything you transmit or post may be used by Doctorfit and its affiliated companies for any purpose, including without limitation reproduction, disclosure, transmission, publication, broadcast and posting. Thane is free to use any ideas, concepts, know-how or techniques contained in any communication or material you submit to our Website for any purpose whatsoever including without limitation developing, manufacturing and marketing products using such information. Any personal information you submit to our Website as part of a product review, customer survey, blog or message board posting can be read or used by other visitors to our Website. We are not responsible for any personal information you choose to submit.
Cookies
A cookie is a small, removable data file that is stored by your web browser on your computer. We only use cookies to enable you to use our Website in the most efficient manner. Cookies allow you to place an order on our Website, and allow us to enhance and personalize your online browsing and shopping experience. For example, we use cookies to remember the items in your shopping cart, recognize you when you return to our Website and analyze visitor behavior. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Please note, however, that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website.
We may share certain information such as your location, browser and cookie data and other data relating to your use of our Website with third-party ad servers or ad networks to deliver ads that may be of interest to you. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on our Website, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data identifiers and clear gifs) to compile information about your browser’s or device’s visits and usage patterns on our Website, and to measure the effectiveness of their ads and to personalize the advertising content. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers directly for more information.
Sharing Information with Third Parties
We may disclose personal information about you to third parties that provide services to us and who agree to maintain the confidentiality of such information in accordance with this Privacy Policy and use the information only in connection with the services they provide. Examples of these services may include payment processing and authorization, fraud protection and credit risk reduction, order fulfillment and shipping, website evaluation and data analysis. We may need to share personal information with such third parties so that they can perform these services; however, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services.
From time to time, Doctorfit may “rent” lists to third party marketers (and/or brokers who work with them) that may contain your personal information to allow such marketers to contact you and other individuals included on the list with offers and/or information which they believe may be of interest to you and such other individuals. Thane makes no representations or warranties whatsoever regarding these marketers and/or the products or services they are offering. You may have your name removed from any such lists by sending an e-mail to unsubscribe@orbitrek.in with “Please remove me from all Third Party Marketer Lists” in the subject line.
We may also release personal information if we believe in good faith that the law or legal process requires it, we have been advised to do so by our legal counsel, we have received a valid administrative request from a law enforcement agency, or such release is necessary to protect the rights, property or safety of Doctorfit or any of our affiliates, business partners, customers or others.
As with any business, it is possible that as our business develops we might go through a business transition, such as a merger, acquisition by another company, sale of all or a portion of our assets or buying online stores or other assets. In such transactions, information about our customers may need to be transferred. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy currently in effect at the time of the applicable transaction.
Emails
From time to time, we and/or our email delivery provider communicate to Thane customers by email to inform them of special announcements, special offers that might become available, and other information we believe will be of interest to site visitors. We may also email customers to request that they participate in a survey to determine whether they are satisfied with their purchase. By providing us your email address through our Website, you are opting in to receive such email messages unless you deselect the check box marked “Subscribe to Special Offers”. You can easily unsubscribe any time you want by following the instructions contained in the email. We also use your email address to confirm the placement and shipment of your order, and to respond to any inquiries you might make online. Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to such orders. It takes some time to implement requests to opt out of receiving Thane emails, so you may still receive electronic communications from Thane for several weeks after your request is received.
Mobile Messaging/Texts
From time to time, we and/or our mobile message provider may communicate to Doctorfit customers by mobile messages to inform them of special announcements, special offers that might become available and other information we believe will be of interest to site visitors. By providing us your mobile telephone number through our website, our Sender ID (DrFITT)
Customer Service
You may contact Doctorfit Customer Service Department by calling the number below or emailing us by completing the customer feedback form at http://www.orbitrek.in/customer-service. When you email us, your emails are stored within our system so that we may refer to previous emails from you as needed so to properly address your questions and concerns. Except as provided in this Privacy Policy, the information you provide to our Customer Service Department is not shared with anyone without your consent.
Updating or Removing Your Personal Information
You may update, correct or remove your personal information from our Website, including your name, address, email address and phone number, by contacting our Customer Service Department (see below). We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Security
We have attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through our Website. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Website, and you do so at your own risk.
Children’s Privacy Protection
Our Website is a general audience site that is not specifically designed or targeted at children. Persons under 18 years of age are prohibited from using our Website unless supervised by a parent or guardian. Thane does not knowingly collect, use or disclose personal information about site visitors under 18 years of age. If we become aware that we have inadvertently received personal information from a person under the age of 18, we will delete such information from our records.
International Users
If you are located outside of the india, please note that our Website is hosted on computer servers located in the India and USA. Any personal information collected through our Website may be transferred to the India and USA and other countries that might not provide an equivalent level of
protection as the data protection laws in your home country. Your use of our Website or submission of any personal information will therefore constitute your consent to the transfer of your personal information outside of your home country.
Questions or Comments
If you have any questions or comments about our Website or this Privacy Policy, please contact Thane by calling our Customer Service Department at 96 26 30 30 30 (Monday through Friday 9:00 a.m. to 6:00 p.m. Indian Standard Time) or by sending an email to customercare@oritrek.in. Please allow 2 to 3 business days for a response to your email inquiry.
Updated and effective October2, 2017
Terms and Conditions
1. User’s Acknowledgment and Acceptance of Terms
Please read these Terms of Use (“Terms of Use”) carefully before using www.orbitrekcustomercare.com (“Website”). These Terms of Use set forth the terms and conditions established by Doctorfit Exercise Equipment. Orbitrek Customer Care (“Doctorfit”) to govern your use of this Website. Such use is subject to your compliance with all the terms, conditions and notices contained in these Terms of Use, as well as any other written agreement between us.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND ANY SUCH PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOU FURTHER AGREE THAT BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE. PERSONS UNDER 18 YEARS OF AGE ARE PROHIBITED FROM USING THIS WEBSITE UNLESS SUPERVISED BY A PARENT OR GUARDIAN.
Doctorfit reserves the right in its sole discretion to change, modify, add or remove portions of these Terms of Use at any time without prior notice. Doctorfit shall post revisions to these Terms of Use on this Website, and such revisions shall be effective immediately on such posting. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified terms and your agreement to be bound by them.
2. Privacy
Your use of this Website constitutes your consent to Doctorfit ‘sPrivacy Policy which is incorporated into these Terms of Use by this reference.
3. Copyright, Trademarks and Other Intellectual Property
For purposes of these Terms of Use, “Content” is defined as any information, communications, software, text, photos, video, graphics, music, sounds and other materials and services that can be viewed by users of this Website. This includes without limitation blogs, message boards, product reviews or other original content. The Content is copyrighted as a collective work under the India and other copyright laws, and is the property of Doctorfit or its affiliated companies or their respective licensors. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Content from different areas of this Website solely for your own non-commercial use, or to place an service order and appointment on this Website. Any other use, including without limitation the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by Doctorfit . You further agree not to change or delete any proprietary notice from the Content you download or print from this Website.
All trademarks, service marks, trade names and domain names used on this Website (including but not limited to the “Doctorfit ” name) are trademarks or registered trademarks of Doctorfit or its affiliated companies, or in certain cases, their respective licensors, which may not be used without Doctorfit’s prior written permission. Except as expressly provided in these Terms of Use, nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Website. Any other intellectual property on this Website, including but not limited to design registrations or patents, issued or pending, is the sole property of Doctorfit or its affiliated companies, or their licensors.
4. User’s Submissions to this Website
Doctorfit may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as “Forums”). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by Doctorfit or its affiliated companies without restriction.
You further agree that, simultaneously with your posting of each Submission, you automatically grant, or warrant that the owner has expressly granted, to Doctorfit and its affiliated companies, and their successors and assigns, a worldwide, royalty-free, compensation-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), transmit and publish such Submission (in whole or in part) as Doctorfit, in its sole discretion, deems appropriate including, without limitation, in connection with any advertising in any media, including without limitation product packaging, printed publications, presentations, promotional and marketing materials, television and cinema commercials, videos or websites. Doctorfit may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Submissions. You also grant other Website users permission to access your Submissions and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. Doctorfit has all right, title and interest in all results and proceeds from its use of the Submissions, and Doctorfit has the right to transfer the aforementioned rights to use the Submissions to any third party without restriction.
You represent and warrant that you have all rights necessary to grant the above rights with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through this Website complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. You represent and warrant that any Submissions or other information you provide in connection with your use of this Website are true, accurate and complete. This Section 4 will survive termination of these Terms of Use for any reason. You shall not submit any Submissions protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your Submissions.
Doctorfit reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. Doctorfit is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of Doctorfit, and Doctorfit does not endorse any such opinions, statements or materials. Doctorfit is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which Doctorfit in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Doctorfit or another party, illegal or otherwise objectionable to Doctorfit. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that Doctorfit has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
5. Disclaimer of Warranties
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF DOCTORFIT’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, DOCTORFIT MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
DOCTORFIT USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, DOCTORFIT RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE OR UPDATE THE INFORMATION ON THE THIS WEBSITE, INCLUDING THESE TERMS OF USE, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THE THIS WEBSITE SHALL BE SUBJECT TO THE CURRENT TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DOCTORFIT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY DOCTORFIT WEBSITE USERS ABOUT DOCTORFIT OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN DOCTORFIT’S LITERATURE OR ON THIS WEBSITE. DOCTORFIT EXPRESSLY PROHIBITS DOCTORFIT WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND DOCTORFIT IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
6. Limitation of Liability
YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS WEBSITE. DOCTORFIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF WEBSITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL DOCTORFIT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE THIS WEBSITE OR THE INFORMATION CONTAINED ON THE THIS WEBSITE, EVEN IF DOCTORFIT IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DOCTORFIT IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. DOCTORFIT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL DOCTORFIT ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE, THIS WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS WEBSITE.
7. Links to or from Other Websites
Except as otherwise expressly stated by Doctorfit on this Website, Doctorfit is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. Doctorfit expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. Doctorfit cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. Doctorfit does not endorse any of the products or services, nor has Doctorfit taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Doctorfit makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Doctorfit shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
8. Indemnification
You agree to indemnify, defend, and hold harmless Doctorfit and its affiliated companies from all third party claims, actions, demands, losses, liability, damages and/or costs (collectively, the “Claims”) arising from or related to (a) your access to or use of this Website, (b) your violation of any of these Terms of Use, (c) any allegation that any Submission or other materials that you make available through this Website infringe or otherwise violate the intellectual property, privacy or other rights of any third party, and/or (d) your violation of any rights of any site visitor, user, or customer, or any other third party; and you agree to reimburse Doctorfit and its affiliated companies on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims. Doctorfit reserves the right, at Doctorfit’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Doctorfit in asserting any available defenses.
9. International Use
This Website is controlled and operated by Doctorfit from its offices in Tamilnadu. Although this Website may be accessible worldwide, Doctorfit makes no representation that materials on this Website are appropriate or available for use in locations outside the Tamilnadu, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. Doctorfit, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.
10. Children
If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of this Website; and (c) the consequences of any use of this Website by such Minor. To view information on our policy regarding the privacy of children, please see Doctorfit’s Privacy Policy.
11. Special Notices
If you have a question or complaint regarding this Website, please contact Doctorfit by calling our Customer Service Department at 9626303030 (Monday through Friday 9:00 a.m. to 6:00 p.m. IST) or by sending an email to care@orbitrekcustomercare.com. Please allow 2 to 3 business days for a response to your email inquiry. Currently there are no charges to access or use this Website, other than the cost of any services purchased therein and any applicable taxes, shipping fees and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages and emails when applicable relating to each purchase, emailed to the consumer after said purchase.
13. Termination
Notwithstanding any of these Terms of Use, Doctorfit reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use this Website and to block or prevent future access to and use of this Website. You agree that Doctorfit shall not be liable for any termination of your use of or access to this Website.
14. Applicable Law, Jurisdiction and Venue
By accessing this Website, both you and Doctorfit agree that any claims arising out of or relating to the use of this Website shall be governed and resolved by the laws of the State of Tamilnadu without regard to its conflict of laws principles. The application the Indian Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to your purchase of Doctorfit products) or these Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively in the state Tamilnadu India By using this Website, you agree that any notice, agreement, disclosure or other communication that Doctorfit sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your access, viewing or use of this Website constitute your express permission and consent to the jurisdiction in such courts for the purposes of such actions. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Miscellaneous
These Terms of Use constitute the entire agreement and understanding between you and Doctorfit concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend these Terms of Use, or to enter an order for products or services that are subject to additional or altered terms and conditions, shall be null and void, unless otherwise agreed to in a written agreement signed by you and Doctorfit. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Doctorfit may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
Doctorfit shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond Doctorfit’s reasonable control, whether or not foreseeable by Doctorfit, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Doctorfit’s reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Questions or Comments
If you have any questions or comments about our Website or these Terms of Use, please contact Doctorfit by calling our Customer Service Department at 96 26 30 30 30 (Monday through Friday 9:00 a.m. to 6:00 p.m. Indian Standard Time) or by sending an email to customercare@orbitrekcustomercare.com. Please allow 2 to 3 business days for a response to your email inquiry.
Updated and effective Oct2, 2017